In June, 2021, Philadelphia’s previous public health emergency leave mandate expired. However, on March 9, 2022, Philadelphia Mayor Jim Kenney signed a new bill extending COVID-19 paid sick leave to certain eligible...more
On September 7, the House Ways and Means Committee released bill text that includes a new national, universal paid medical and family leave plan. This bill represents just one portion of the expected $3.5 trillion social...more
The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means...more
A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping...more
On Tuesday, April 27, President Biden signed an executive order requiring federal contractors to pay their employees a minimum of $15 an hour starting on March 30, 2022. After that, the order will continue to index the...more
The United States Department of Labor (DOL) Wage and Hour Division just launched a new initiative called “Essential Workers, Essential Protections” that provides workers with information about the wage and hour laws that...more
On March 2, 2021, the United States Department of Labor (“DOL”) announced that it is officially delaying the effective date of the rule titled “Independent Contractor Status under the Fair Labor Standards Act.” The effective...more
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On January 26, 2021, the U.S. Department of Labor (DOL) suspended a Final Rule on tipped employees that it previously had announced on December 22, 2020. The Final Rule clarified tip pooling for employees in the...more
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The U.S. Department of Labor (DOL) issued an opinion letter on January 19, 2021, that finds a broader swath of journalists and media personnel may be creative professionals exempt from the minimum wage and...more
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The U.S. Department of Labor announced a Final Rule on December 22, 2020, that clarifies tip pooling for employees in the food service and hospitality industry, as well as how the tip credit applies to employees...more
The Colorado Department of Labor and Employment adopted final regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act (EPEWA) on November 10, 2020. The earlier proposed regulations...more
The Colorado Department of Labor and Employment issued proposed regulations regarding equal pay transparency under Colorado’s Equal Pay for Equal Work Act (EPEWA), which goes into effect January 1, 2021....more
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On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more
On August 24, 2020, the U.S. Department of Labor (DOL) issued a new Field Assistance Bulletin, reminding employers that they must use reasonable diligence to track and pay for all hours worked while employees are working...more
The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more
8/12/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Preliminary Injunctions ,
Ridesharing ,
State Attorneys General ,
State Labor Laws ,
TRO ,
Wage and Hour
On September 1, 2020, the Philadelphia Commission on Human Relations (PCHR) will begin enforcing the Wage Equity Ordinance (Ordinance), which prohibits employers in Philadelphia from asking job applicants for their salary...more
On July 14, 2020, Governor Jared Polis signed into law the Healthy Families and Workplace Act (HFWA), and Colorado joined the growing number of states and cities that require employers to provide paid sick leave. Many...more
On June 24, 2020, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin changing the DOL’s typical practice of seeking liquidated damages in settlements in lieu of litigation. Specifically, Field Assistance...more
6/26/2020
/ Back Wages ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
Liquidated Damages ,
New Guidance ,
Relief Measures ,
Trump Administration ,
Wage and Hour
The New York Court of Appeals recently affirmed the decision of the Unemployment Insurance Appeals Board that Postmates couriers should be classified as employees, not independent contractors, for purposes of unemployment...more
The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The Department of Labor (DOL) issued a final rule last weekend that codifies a majority of the changes it proposed to the joint employer test in April 2019. These changes will take effect on March 16, 2020....more
As previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s Wage Protection Act (WPA). ...more
The Department of Labor released a final rule that codifies a majority of the changes it proposed to the “regular rate” regulations earlier this year. These changes will take effect on January 15, 2020....more
12/16/2019
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Rulemaking Process ,
Wage and Hour
As we previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s overtime and minimum wage laws this year. Details on the recently proposed changes follow....more
11/25/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor (DOL) released a final rule that will raise the salary threshold for overtime exemptions. Most workers will need to earn at least $35,586 annually, or $684 per week, for exemption from FLSA...more